Publication - FOI/EIR release

Correspondence regarding ScotZEB 2 scheme: EIR release

Published: 24 January 2024
Topic: Public sector, Transport
FOI reference: FOI/202300389895
Date received: 15 December 2023
Date responded: 18 January 2024

Information request and response under the Environmental Information (Scotland) Regulations 2004

Information requested

The correspondence between Energy Saving Trust (EST) and Strathclyde Partnership for Transport (SPT) over their bid to the ScotZEB 2 scheme, including correspondence up to the submission of their bid, the bid itself, and EST's correspondence with SPT when and after EST let them know it had been unsuccessful.

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

I enclose a copy of most of the information you requested in PDF format, alongside 4 excel spreadsheets.

Some of the information you have requested is available from the Alexander Dennis and SPT websites, which I will link below for you. These links are also contained within the enclosed PDF.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception under regulation 10(5)(e) - confidentiality of commercial or industrial information of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex to this letter. An exception under regulation 10(5)(e) of the EIRs applies to some of the information you have requested. This is due to the information pertaining to commercially sensitive information of SPT or the consortium members or suppliers involved in their ScotZEB 2 bid, which would be likely to result in harm to a legitimate economic interest if disclosed.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because it relates to the application of public subsidy. However, this is outweighed by the public interest in not prejudicing or disadvantaging any commercial bus operator or supplier while the ScotZEB 2 scheme remains live and no awards have yet been made. Additionally, some of the information requested pertains to information given in confidence during the course of a competition scheme, which would be likely to cause harm to a legitimate economic interest of those involved in the application should it be disclosed.

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